Congressional Accountability: Do Laws Apply To Lawmakers?

The United States Congress is the lawmaking branch of the federal government, consisting of the House of Representatives and the Senate. Congress has the sole authority to enact legislation and declare war, and it also has the right to confirm or reject many presidential appointments. While both the House and the Senate are equal in how they function, there are some procedural differences. For example, only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties.

The legislative process begins with the introduction of a bill to Congress, which can be proposed by a sitting member of the Senate or House of Representatives, or during their election campaign. Bills can also be petitioned by citizens or citizen groups. Once introduced, a bill is assigned to a committee, which will research, discuss, and make changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions and vote on the same version of the bill. If it passes, it is presented to the president.

The president can choose to approve and sign a bill into law, or they can veto it. If the president chooses to veto, Congress can vote to override the veto, and the bill becomes a law. However, if the president does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default, in what is called a pocket veto, which cannot be overridden by Congress.

Congress' role in lawmaking

Congress is the lawmaking branch of the US federal government. The process of lawmaking involves several steps and differs slightly between the House of Representatives and the Senate. Here is a detailed overview of the role of Congress in lawmaking:

Introduction of a Bill:

Anyone can write a bill, but only members of Congress can introduce it. A bill is a proposal for a new law or a change to an existing law. It can originate from a sitting member of Congress or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend changes to their representatives.

Committee Review:

Once introduced, the bill is referred to relevant committees in the House or Senate for review. These committees research, discuss, and make changes to the bill. There are multiple committees and subcommittees in each chamber, each focusing on specific policy areas. The committees may call hearings, inviting experts and stakeholders to testify and provide input.

Voting in the Chamber:

After the committee review, the bill is brought to the floor of the House or Senate for a vote. The process and rules for voting differ between the two chambers. The House follows a structured debate process with limited time for each member, while the Senate allows for unlimited debate, where senators can speak on various topics and introduce any amendments.

Passing Both Chambers:

For a bill to become a law, it must pass both the House and the Senate. If the bill passes one chamber, it goes through a similar process in the other chamber, including committee review and voting. Once both chambers pass the bill, they must reconcile any differences between their versions.

Presidential Consideration:

After both chambers agree on the same version of the bill, it is presented to the President for consideration. The President can choose to sign the bill into law or veto it. If vetoed, Congress can override the veto with a two-thirds vote in both chambers, and the bill becomes a law. However, if Congress is not in session and the President takes no action, it results in a pocket veto, which cannot be overridden.

The House of Representatives

Members of the House are elected every two years and must be at least 25 years old, a US citizen for at least seven years, and a resident of the state (but not necessarily the district) they represent.

The House has several powers assigned exclusively to it. These include the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an Electoral College tie.

The legislative process begins with the introduction of a bill to Congress. Anyone can write a bill, but only members of Congress can introduce legislation. The bill is then referred to the appropriate committee for review, where it may be accepted, amended, or rejected. If the committee approves the bill, it is reported to the floor of the House, and the majority party leadership decides when to place it on the calendar for consideration. The House has a very structured debate process, with each member who wishes to speak having only a few minutes, and the number and kind of amendments usually limited. If the bill passes the House, it goes to the Senate to go through a similar process.

Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the President. The President can approve the bill and sign it into law, or refuse to approve it, which is called a veto. If the President chooses to veto a bill, Congress can usually vote to override that veto, and the bill becomes a law. However, if the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, which is called a pocket veto, and cannot be overridden by Congress.

The Senate

In order for a bill to become a law, it must be passed in identical form by both the Senate and the House and then signed by the President. The Senate and the House have some procedural differences. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. The Senate does not process legislation through a majority vote, but through deliberation and debate prior to voting.

Presidential involvement

The President of the United States is elected to a four-year term by electors from every state and the District of Columbia. The President has a significant role in the legislative process, which is outlined in Article II, Section 3 of the U.S. Constitution.

The President's legislative role has grown substantially since 1900, reflecting changes in political and social forces. This development is also influenced by the rise of parties, the emergence of the National Nominating Convention and the Party Platform, and the introduction of the Spoils System.

The President's legislative duties include reporting to Congress on the State of the Union and recommending measures for their consideration. Additionally, the President has the power to convene or adjourn the Houses of Congress in certain circumstances, such as in cases of disagreement between them.

Once a bill has been passed by both chambers of Congress, it is presented to the President for approval. The President has ten days, excluding Sundays, to sign or veto the bill. If the President signs the bill within this period, it becomes law. However, if the President declines to act on the bill, it can still become law without their signature, except under certain circumstances when Congress has adjourned.

If the President vetoes the bill, it is returned to the chamber where it originated, and that chamber can attempt to override the veto with a two-thirds majority vote. If successful, the other chamber then decides whether to hold its own override vote, requiring another two-thirds majority. Only when both chambers vote to override does the bill become law, despite the President's veto.

In times of emergency, the President can also issue executive orders with almost limitless power, which do not require Congressional approval. Abraham Lincoln, Woodrow Wilson, and Franklin Roosevelt are examples of Presidents who have used this power.

Furthermore, the President has the authority to make recess appointments when the Senate is not in session, although this power has been limited by Supreme Court rulings.

The President also plays a crucial role in the nomination and confirmation process for governmental department heads, federal judges, and Supreme Court justices. While the President has broad appointment powers, these nominations must be confirmed by the Senate.

In summary, the President's involvement in the legislative process includes proposing bills, reporting to and recommending measures to Congress, convening or adjourning the Houses, signing or vetoing bills, issuing executive orders, making recess appointments, and nominating individuals for governmental positions.

Congress' investigative powers

Congress has extensive investigative powers, which it has exercised since its earliest years to conduct oversight, inform the public, and write good legislation. Although the Constitution does not expressly authorize Congress to conduct investigations, Congress – and the courts – have long recognized that Congress has an inherent, constitutional prerogative to do so.

Congress's investigative powers are tied to its authority to legislate. This means that Congress can investigate any matter that it could validly legislate on. This includes investigations for the purpose of deciding whether legislation is appropriate, information gathering on matters of national importance, and oversight of federal departments and executive agencies.

Congressional committees have broad discretion regarding both the scope of an investigation and the relevance of the information they request. They can summon anyone, whether inside or outside the government, to testify, and can hold reluctant witnesses in contempt and have them tried by federal courts. Committees can also issue subpoenas and witnesses who lie before a congressional committee can be convicted of perjury.

Congress's investigative powers are not unlimited, however. Congress cannot investigate the purely private affairs of ordinary citizens, nor can it usurp the power of another branch of government. It cannot investigate matters where the means of redress is purely judicial, nor can it investigate matters committed to the President's discretion.

While Congress can investigate conduct that may be criminal, it lacks the authority to bring criminal charges or initiate a criminal prosecution. If a congressional investigation uncovers evidence of criminal activity, Congress may refer the matter to the Department of Justice for investigation and potential prosecution.

Congress's investigative powers are also subject to legal limitations, including those set out in the Bill of Rights, such as the First and Fifth Amendments.

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